While the criminal
justice system cannot undo the damage done to crime victims, the
Prosecutor's Office is dedicated to providing information and assistance
in order to minimize the unpleasantness of a
difficult situation. Because victim and witness participation is vital
to pursuing any criminal matter, the Victim/Witness Assistance Program
considers your input and opinions essential in bringing criminals to
justice. With a cooperative effort from the victim, witnesses, and the
Prosecutor's Office, we will more effectively prosecute those who have
violated the law and provide valuable services to those who have been
adversely affected by crime.
Victim Bill of
Rights:
Victims of crime,
as defined by law, shall have the right to be treated with fairness,
dignity, and respect throughout the criminal justice process; and as
defined by law, to be informed of and present during public hearings
and to confer with the prosecution, to the extent that exercising these
rights does not infringe on the constitutional rights of the accused.
The Purpose of
the Victim/Witness Program:
Frequently Asked
Questions:
Is there someone
in the Prosecutor's Office who can answer my questions? If
you have questions about your rights, the court process, or the Victims of
Violent Crime Compensation Fund, you may contact the Director of the
Victim/Witness Assistance Program at 812-435-5158. The director of the
Victim/Witness Program can also help you if you need information about
your case, information about protective orders, or referrals to community
victim service programs.
What if someone
threatens me while my case is pending? It is a crime for anyone
to threaten, harass or intimidate you to prevent you from testifying at
any court proceeding. If anyone uses force or threatens to harm you or
a member of your family, report the threat immediately to your local law
enforcement agency and notify the Prosecutor's Office as soon as possible.
What if I want
to drop charges? As a matter of policy, the Prosecutor does not
routinely drop charges; therefore, a victim should be certain of his/her
actions when pursuing charges. Only the Prosecutor can drop charges against
a defendant; however you should let the Prosecutor's Office know if you
no longer wish to proceed with the case. While the Prosecutor will take
your wishes into consideration, the Prosecutor must also take into consideration
the safety of the community and other factors when making a decision to
drop charges or proceed with the case.
Can I be reimbursed
for crime related costs? There are two ways by which you may receive
money to help pay for crime related costs: 1) Restitution from the defendant/
juvenile offender: if the defendant is found guilty or pleads guilty,
the judge may order the defendant (or in cases involving juveniles, the
juvenile and/or his or her parents) to reimburse you for any crime related
costs. It is important that you save any receipts or copies of any bills
you (or your insurance company) have paid or still owe. You will be asked
for the receipts and bills if the defendant is found or pleads guilty.
2) Victims of Violent Crime Compensation Fund: available to victims of
crime resulting in bodily injury or to immediate family members of a murder
victim or sex crime victim, who need mental health counseling. This fund
is not governed by the Prosecutor's Office; the Violent Crime Compensation
Fund in Indianapolis will respond directly to the victim. Applying for
this funding is not a guarantee that an award will be received. The Victim
Assistance Program will supply those who are eligible with an application
upon filing a criminal charge. Applications can also be obtained by calling
317-232-7103
Protective Orders:
A Protective Order
is a legal document signed by a judge ordering the respondent to refrain
from having any direct or indirect contact with the petitioner. Protective
orders are civil matters, but a criminal charge of Invasion of Privacy
may be filed when a protective order is violated. Protective orders may
be obtained through the County Clerk's Office in the Civic Center Complex,
Room 216.
If a criminal charge
has been filed by the Prosecutor's Office, the victim may request that
the Deputy Prosecutor ask the judge to order a No Contact Order as a condition
of bond in the case. A No Contact Order is an order signed by a judge
prohibiting the defendant in a criminal case from having any direct or
indirect contact with the victim. If an individual violates either a Protective
Order or a No Contact Order, the victim should contact the police immediately.
Although the violator may be gone by the time the police arrive, victims
should still fill out an offense report, in order to keep a record of
evidence for future possible charges.
Your Role As A
Witness
You may have been
a victim of or an eye-witness to a crime. You may be the owner of stolen
property, or be able to provide some piece of information which will help
to prove a criminal case. You are an essential witness. Without your cooperation,
our criminal justice system could not work.
You will receive
a subpoena to appear at trial. It will be necessary for you to appear
unless excused by the Deputy Prosecutor assigned to the case. Written
statements are not permitted instead of live testimony because a person
charged with a crime has a right to ask questions of the witnesses who
testify against him/her through his/her attorney.
It is very important
that you keep us informed of any changes in your address or phone number.
We will not be able to notify you of trial dates or changes if we cannot
locate you.
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